APPEAL OF TRANSFER MAY TIE UP SKAKEL TRIAL

LYNNE TUOHY; Courant Staff WriterTHE HARTFORD COURANT

The Michael Skakel murder case may be entering a hurry-up-and-wait mode, with trial Judge John Kavanewsky Jr. setting a deadline of noon today for briefs on whether next week's arraignment should be postponed until Skakel's appeal of his transfer to adult court is resolved.

Kavanewsky did not indicate in his order Thursday whether he would schedule a hearing on the matter, or when he might rule.

Superior Court Judge Maureen Dennis ruled on Jan. 31 that Skakel, now 40, should be tried as an adult on a charge of killing 15-year-old friend and neighbor Martha Moxley in Greenwich in 1975. Because Skakel also was 15 at the time the crime was committed, his case remained in juvenile court for a year after his January 2000 arrest. Dennis determined that juvenile court had no appropriate facilities for Skakel if he were convicted.

Skakel's lawyers on Wednesday filed their notice of intent to appeal the transfer order, and are expected to file their appeal brief in Hartford today. Because the laws in effect in 1975 govern Skakel's case, it was not immediately clear Thursday what happens next. Skakel's first appearance in adult court was scheduled to be his arraignment next Wednesday in Stamford Superior Court.

"The law and procedure in this situation are, at best, unsettled," Mickey Sherman, Skakel's lawyer, said Thursday. "I just think it's important that an appellate court review this. We felt strongly the state's effort to transfer it was not warranted, and the criteria not met. I don't think anyone would fault us for this."

Sherman stressed that he wasn't asking for the adult proceedings to be halted. He was asked whether it made sense to proceed with an appeal that could result in the case being sent back to juvenile court.

"Making sense is something that's not a relevant topic in this case," Sherman replied. "Does it make sense to prosecute someone 25 years later for something he allegedly did when he was 15 and treat him like a 40-year-old? Does it make sense to transfer the case to adult court simply because they can't find some place to put him in the unlikely event he's convicted?"

The stakes for Skakel are high. If prosecuted in juvenile court, he would be spared incarceration because the court and the Department of Children and Families have no jurisdiction over a "juvenile" once the age of 21 is reached. In adult court, Skakel faces up to 60 years in prison.

Moxley was bludgeoned with a golf club that was part of a set owned by the Skakel family. The blows were so hard that the club shattered and the shaft driven through her throat.